Contract governance : dimensions in law and interdisciplinary research
Title: Contract governance : dimensions in law and interdisciplinary research
Citation: Oxford ; New York : Oxford University Press, 2015
This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Moslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behavior; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.
Table of Contents:
-- The overall architecture of contract governance: Contract governance : dimensions in law and interdisciplinary research / Stefan Grundmann, Florian Mo¨slein, and Karl Riesenhuber -- Third party impact and contract governance problems in herd behaviour: The concept of herd behaviour : its psychological and neural underpinnings / Tatsuya Kameda, Keigo Inukai, Thomas Wisdom, and Wataru Toyokawa -- Moral hazard and herd behaviour in the financial crisis / Bruno S. Frey and Reto Cueni -- Whistle-blowing in the stampede? / Gunther Teubner -- Herd behaviour and third party impact as a legal concept : on tulips, pyramid games, and asset-backed securities / Hans-W. Micklitz -- Summary of discussions in Part 2 / Isabelle Wildhaber -- Governance of networks of contracts : Contract, uncertainty, and innovation / Ronald J. Gilson, Charles F. Sabel, and Robert E. Scott -- Getting it just right / Gerard Hertig -- Contractual networks in socio-economic perspective : the case of the European financial crisis (2009-2010) / Richard Swedberg -- Networks in socio-economic perspective : a proposal for financial regulatory reform / Marc Amstutz -- Governance mechanism in long-term contracts / Michael Klausner -- Summary of the discussions in Part 3 / Florent Thouvenin -- Governance in long-term contractual relationships: Fairness and reciprocity in contract governance / Stefan Magen -- Class actions, compliance, and moral cost / Bruno Devvains and Dominique Demougin -- Intrinsic and extrinsic motivations to comply with legal rules / Fermando Gomez and Mireia Artigot i Golobardes -- Legal supervision of commercial opportunism / Clayton P. Gillette -- Commercial opportunism from an incentive perspective / Urs Schweizer -- Summary of the discussions in Part 4 / Stefan Wichary -- Contract governance and rule-setting: Private regulation and industrial organization : contractual governance and the network approach / Fabrizio Cafaggi and Paola Iamiceli -- Private regulations and networks in transnational supply chains / Wolfgang Kerber -- Flipping wreck : lex mercatoria on the shoals of ius cogens / Hugh Collins -- Lex mercatoria, the ISDA master agreement, and ius cogens / Host Eidenmüller -- Innovation and the role of public-private collaboration in contract governance / Katharina Pistor -- The Vienna Initiative : a new mode of governance? / Gunnar Folke Schuppert -- Summary of the discussions in Part 5 / Susanne Augenhofer -- Contract governance and political dimensions: Regulating sovereign bond contracts in Europe / Kern Alexander -- Contract governance, disclosure, and rule-setting between the market and the law : a view from commercial and company law / Klaus J. Hopt.